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Frederic March Douglas

Frederic Douglas’s Answers

122 total

  • I'm being harassed through text messages. What can i do?

    Good afternoon. The person that is doing it used to be my friend, but only for about less than one year in total. I meet her in Broward about 4 or 5 years ago, then she cursed me out one time through the phone and i decided to stay away from her. ...

    Frederic’s Answer

    Change your phone number. You're welcome.

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  • Can my landlord force me to leave my home for 5-7 days to put in insulation? Also he is only doing this now because of El Niño

    I am not comfortable having a house and garage full of people moving and having access to everything in our home. I am also disabled and have a home health care worker. This is a two unit building he wants to do both units and I am not to enter ...

    Frederic’s Answer

    Hello, It seems that you have several issues with your landlord. Usually, working cooperatively, while not allowing the landlord to take advantage of you is the better way to proceed. First, if you are in an area where there is rent control, there may be procedures that need to be followed. Assuming that you are not in a rent control jurisdiction, I note that you mention participating in a government subsidized housing program. I would check with them to see if there are any requirements upon the landlord to address your issues. Turning to the issue mentioned in the title of your post, you should work out some type of compromise. Your landlord has a right to inspect, repair, and upgrade the premises so long as you receive sufficient notice. I suggest that you do not dwell on the "5-7 days" issue and instead propose to the landlord a different time period and/or scheduling the repairs for a later time when it is more convenient for you. You should work it out, as I see no option of forbidding the landlord from conducting work on the unit. The landlord must provide you with alternative lodging (e.g., a hotel) if you are still paying rent for your primary residence.

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  • What is a Motion to Dismiss a case for Court Lack of Jurisdiction on the Amount in Controversy means?

    I have filed a case against a predator financial company for used clandestine, not-disclose of important information of its company policy that caused me to give them my personal information. I asked the company before going to court to delete my...

    Frederic’s Answer

    It sounds like you filed your lawsuit in federal court, against some company that is based in a different state or country than you. If so, this means that your lawsuit is based on "diversity jurisdiction" for any claims based only on state law. If that is the case, diversity jurisdiction in the federal courts requires that the amount of financial damages that you seek are over $75,000. From your question, it looks like you explicitly stated in your complaint that the entire lawsuit is over no more than $10,000. Please review your claims carefully and see if any should be > $75K and whether any claims are based on federal law instead of state law. You may need to amend your complaint or file a lawsuit in state court.

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  • Can I sue as an independent contractor if the company I am working for doesn't pay me the amount they quoted I would be paid?

    I signed on with a writing company based on their contract of a particular amount of payment per month. However, I have been lucky to earn 40% of that amount over a period of several months. Can I sue them for retroactive payments? I have a signed...

    Frederic’s Answer

    It sounds like you should have cause for a suit for breach of contract. Review your written contract completely. Did they really breach? Is there any limitation on where you sue or whether you must go through arbitration, mediation, or other procedure? Does the contract indicate where you must sue if there is a lawsuit? As a practical matter, have you already addressed you issues with the other side? In writing (e.g., an email message)? Address these issues and consider your options.

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  • What do i put for the Civil Case Cover Sheet box on the CM-010 form for Name Change? is it unlimited or limited?

    i am a minor filling this out because my parents dont know how to read english.

    Frederic’s Answer

    Go to . In the lower left, you should see some links on name changes.

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  • Would a trademark like this likely make it through the TM office?

    I'm trying to introduce a clothing brand. I'm interested in trademarking he name, "Presley Kate." I done a simple search and there were no results for "Presley Kate." Would something like this be possible to trademark or even make it through the U...

    Frederic’s Answer

    Further on the issues presented by the other attorneys, another issue would be whether your mark "Presley Kate" identifies an actual person, living or dead. If this mark identifies a particular person or may cause confusion with a particular person, you will have to consider whether you need the permission of that person to use the mark and register that mark.

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  • How do I arrange a meeting or get in contact with someone in charge for the NBA, NFL, NHL and MLB?

    I have created a series of designs that use the logos of professional sports teams from each of the 4 sports leagues. Most of the designs use a combination of one or more leagues and so it would take collaboration to produce such designs. There ar...

    Frederic’s Answer

    You do not mention exactly what is the intended use of the third-party logos and whether you have anything to protect. Before you even approach the third parties, have you done everything to protect your intellectual property? For example, if this is a game, mobile application, other type of software, or some other work, you should pursue copyright protection, patent protection, trade secrets, and the like. If you disclose your work to the third-parties and they deny your request, you should be concerned and protected from them stealing your intellectual property. Even if they say "yes", without protection there is no way to stop them from stealing your ideas.

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  • What is best way to protect game, game rules, if game is online only, and anyone can play from any country in a world?

    Thank you all for answering me question, about new card game online. I know, there was not enough information to answer, so let me try one more time by more specific. We are making flash card game online, - that’s when game launching just in web...

    Frederic’s Answer

    You can patent the game and/or the software, so long as other criteria are satisfied, such as novel, useful, and non-obvious (sort of like inventive step).
    Patenting in the U.S. does not provide you with protection outside the U.S.
    Yes, you need to patent in each country/region where you want protection.
    If you file in the U.S. first, you may be able to use the U.S. filing date for priority credit when filing a related separate patent application in another country that participates in the relevant treaties wherein you get to connect your patent applications. You can also file a PCT patent application which is an international application that is recognized as a patent application in most countries.

    Some countries do not follow these treaties, such as Argentina, Saudi Arabia, and other countries.

    For copyright, you can registere copyrights for your website and your software. You should register your copyrights in all of the countries in which you have concerns.

    Trademark will only protect things that identify the source of the product/service, such as a name, logo, distinctive sound, and the like. A trademark will not protect your game.

    Another idea is for you to require a player to register and accept terms of use to start playing. In your terms, you can require them to agree to not copy your game, make derivative works, or whatever reasonable requirement that you may impose.

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  • Is it legal to print pictures from Facebook?

    I took someone's senior pictures, and posted them on Facebook in attempts to promote my photography. I still haven't gotten paid for taking the pictures. I recently found out that they had downloaded all the pictures off of Facebook and had gotten...

    Frederic’s Answer

    Well, I guess that you promptly changed your business practices, such as not displaying photos of people that haven't paid you yet.
    As for you proceeding legally against that person, there are some things to consider. You have the facts and I don't so this is just a list of things to consider, and not legal advice and no attorney-client relationship established in responding to your posted question.

    (1) Did you have a signed agreement with the person? If so, depending on what it says, you can consider suing them for breach of contract (for not paying). You will have to review that contract thoroughly, if one exists.

    (2) If you register your copyright in those photos (, then you may have ability to enforce your copyright with an infringement suit.

    (3) Read Facebook's terms of service and other notices. Most likely, they consider that anything that you post is donated to the public if you do nothing to control the images.

    (4) Consider whether the amount of money that you could reasonably expect to win is worth the effort when you could probably be a little more careful next time and consider the money lost as tuition in the school of hard knocks. Keep in mind that printing your photos that you freely provided on FaceBook is not a criminal offense in California and probably not a criminal offense anywhere. If that is the case, then you need to enforce your rights yourself in a court of law.

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  • I am representing myself in a civil suit against my brother in law for breach of contract. He was executor of my mothers living

    as I was saying, her living trust and will. He put her house in his name and took a loan of $160,000.00 loan on it for his own use. My siblings were in on faking this trust and will. He wrote it. I get the feeling he has them in his back pock...

    Frederic’s Answer

    The answer to your question depends heavily on the terms of the "living trust and will" that you mention. You should take your documents to consult with an experience, competent attorney to analyze the particular facts of the situation.

    You mentioned that your brother states that he only needed a majority of heirs to take an action, such as borrowing money. However, you did not state whether the "living trust and will" confirm this situation. Assuming that you have access to a copy of those documents, you should read the documents to see if this situation is supported.

    Additionally, you can follow up with discovery by deposing witnesses and seeking production of documents (e.g., "produce documents that support your response No. ___.).

    You should consider using an attorney that could provide you with valuable assistance in finding out how to proceed.

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